The European Commission insisted today that nothing had changed after the declaration by the Maltese Police Commissioner that no court action would be taken against former European Commissioner John Dalli.

Questioned in Brussels  the spokeswoman for the European Commission and Commission President Manuel Barroso,Pia Ahrenkilde Hansen, said:

"We have seen the media reports. Whether they are confirmed or not, the situation regarding the resignation of Mr Dalli remains unchanged. As the Commission has stressed from the beginning, the resignation was not about whether a judicial investigation would be opened or whether criminal charges would be brought. The Commission has scrupulously stressed the presumption of innocence throughout. Mr Dalli resigned because his position had became politically untenable in the light of the facts and the findings of the OLAF investigation.

"OLAF investigated the allegations that were brought to its attention to the extent of its competences. Under the rules applicable, any possible judicial follow up was always a matter for the Maltese authorities, not for OLAF or for the Commission. This is why OLAF transmitted its findings to the Maltese authorities."

Asked about the Commission’s position at the Luxembourg courts, where Mr Dalli is challenging his 'dismissal', Mr Barroso’s spokeswoman insisted the former Commissioner has resigned out of his own free will in the presence of Mr Barroso and witnesses.

“Whatever happens in Malta does not change this position,” she said, while emphasising that Mr Dalli has every right to take any legal action he deems fit to clear his name.

“It is natural and normal for Mr Dalli to avail of his rights as he deems appropriate,” she said. On other aspects of the case (political) we have not changed our position.”

She also reiterated the Commission’s confidence in Director General of Olaf Giovanni Kessler.